1. Acceptance of Terms

By accessing, browsing, or using the Online POS platform, website, mobile application, or any related services (collectively, "the Service"), operated by Online POS ("we", "us", or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

If you do not agree to any part of these Terms, you must discontinue use of the Service immediately. We reserve the right to refuse service to anyone for any reason at any time.

2. Description of Service

Online POS is a cloud-based Software-as-a-Service (SaaS) platform that provides point of sale, inventory management, sales processing, supplier management, customer management, reporting, and multi-channel marketplace integration services. The Service currently includes integration with Takealot for product synchronisation, order management, and automated pricing. Amazon and Shopify integrations are under development and not yet available.

The Service may also include an online storefront builder, auto-pricing engine, purchase order system, invoice reconciliation tools, and a mobile-optimised progressive web application (PWA). Features vary by subscription plan.

3. Account Registration and Security

To use the Service, you must create an account by providing accurate, current, and complete information including your full name, valid email address, and business details. You agree to update your information promptly if it changes.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any API keys. You are responsible for all activities that occur under your account, whether or not authorised by you. You must notify us immediately at support@online-pos.co.za if you become aware of any unauthorised use of your account.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, are being used fraudulently, or are in violation of these Terms.

4. Subscription Plans, Billing and Payment

The Service offers a free tier and paid subscription plans. The Free plan includes basic POS features for up to 2 users and 100 products. Paid plans, including Pos Pro (R99/month), Takealot Integration (R499/month), and add-on services, are billed on a monthly recurring basis in South African Rand (ZAR) unless otherwise stated.

Free Trial: Paid plans may include a 14-day free trial period. No credit card is required to start a trial. At the end of the trial, you must subscribe to continue using paid features.

Billing Cycle: Billing occurs on the anniversary of your subscription start date. You authorise us to charge your selected payment method for all applicable fees.

Price Changes: We may adjust pricing with at least 30 days' written notice. Price changes take effect at the start of the next billing cycle following the notice period.

Late Payment: If payment fails, we will notify you and provide a grace period of 7 days. If payment remains outstanding, we may suspend access to paid features until the account is brought current.

Refunds: Subscription fees are generally non-refundable. However, if you cancel within the first 7 days of a new paid subscription (excluding trial conversions), you may request a full refund by emailing support@online-pos.co.za.

5. Cancellation and Termination

You may cancel your subscription at any time from your account dashboard. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until that date.

Upon cancellation or termination, your data will be retained for 30 days to allow for data export. After this period, your data may be permanently deleted. We recommend exporting your data before cancellation.

We may terminate or suspend your account immediately, without prior notice, if you: (a) breach these Terms; (b) engage in fraudulent or illegal activity; (c) fail to pay fees when due after the grace period; (d) use the Service in a manner that could damage, disable, or impair the Service.

6. User Responsibilities and Acceptable Use

You agree that you will not:

Use the Service for any unlawful purpose or in violation of any applicable local, national, or international law
Attempt to gain unauthorised access to any part of the Service, other accounts, systems, or networks
Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
Upload or transmit viruses, malware, or any other malicious code
Use automated scripts, bots, or scrapers to access the Service without our written permission
Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
Resell, sublicense, or redistribute the Service without our express written consent
Use the Service to store or process data that infringes on the intellectual property rights of others
Impersonate any person or entity, or misrepresent your affiliation with any person or entity

You are responsible for all data, content, and information that you upload, store, or process through the Service, including ensuring you have all necessary rights and permissions to do so.

7. Intellectual Property

The Service, including its software, design, logos, trademarks, documentation, and all content created by us, is the exclusive property of Online POS and is protected by South African and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose during the term of your subscription.

You retain full ownership of all data, product information, customer records, and business content that you upload to or create within the Service. By uploading content, you grant us a limited licence to process, store, and display that content solely for the purpose of providing the Service to you.

8. Data Ownership and Portability

Your business data remains your property at all times. You may export your data in standard formats (CSV, Excel) at any time through the Service's export features.

We will not access, use, or share your data except as necessary to provide the Service, comply with legal obligations, or as described in our Privacy Policy. We will never sell your data to third parties.

9. Third-Party Integrations

The Service provides integrations with third-party platforms such as Takealot. When you enable an integration, you authorise us to access your seller account on the third-party platform via their official API for the purpose of synchronising products, orders, pricing, and inventory.

We are not responsible for the availability, accuracy, or performance of third-party services. Your use of third-party platforms is subject to their own terms of service and privacy policies. We are not liable for any loss or damage arising from changes to third-party APIs, service outages, or data discrepancies between our Service and third-party platforms.

10. Service Availability and Uptime

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control (including but not limited to internet outages, hosting provider issues, or force majeure events).

We will make reasonable efforts to notify users in advance of planned maintenance that may affect availability. We shall not be liable for any loss or damage resulting from Service downtime.

11. Limitation of Liability

To the maximum extent permitted by South African law, Online POS, its directors, employees, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, revenue, data, business opportunities, or goodwill, arising out of or in connection with your use of the Service, whether based on warranty, contract, tort, negligence, or any other legal theory.

Our total aggregate liability for any claim arising out of or relating to the Service shall not exceed the total amount of fees paid by you to us during the twelve (12) months immediately preceding the event giving rise to the claim.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Indemnification

You agree to indemnify, defend, and hold harmless Online POS, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any content or data you upload to the Service.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may refer the matter to the courts of the Republic of South Africa, which shall have exclusive jurisdiction.

14. Modifications to the Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We may add new features, change existing features, or remove features. We will make reasonable efforts to notify users of material changes that may affect their use of the Service.

15. Changes to These Terms

We reserve the right to update or modify these Terms at any time. We will notify users of significant changes via email to the address associated with your account or through a prominent notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically for any changes. The "Last updated" date at the top of this page indicates when these Terms were last revised.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Online POS regarding your use of the Service. These Terms supersede any prior agreements, communications, or understandings, whether written or oral, relating to the subject matter herein.

18. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

Email: support@online-pos.co.za
Website: online-pos.co.za
Country: South Africa